General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Delivery and Shipping Conditions

  6. Retention of Title

  7. Liability for Defects / Warranty

  8. Redemption of Promotional Vouchers

  9. Redemption of Gift Vouchers

  10. Applicable Law

  11. Place of Jurisdiction

  12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions, hereinafter “GTC”, of Veloria Health GmbH, hereinafter “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter “Customer”, with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise provided.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days:

  • by sending the Customer a written order confirmation or an order confirmation in text form, such as by fax or email, in which case receipt of the order confirmation by the Customer is decisive; or
  • by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or
  • by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal Europe S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, hereinafter “PayPal”, subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable in the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, hereinafter “Amazon”, subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the Customer also issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form, such as by email, fax, or letter, after the Customer has submitted their order. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the relevant login details.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 The contract may be concluded exclusively in the German language.

2.9 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices that include statutory VAT. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The available payment option or options will be communicated to the Customer in the Seller’s online shop.

4.3 If the payment method “SOFORT” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, hereinafter “SOFORT”. In order to pay the invoice amount via SOFORT, the Customer must have an online banking account activated for participation in SOFORT, must authenticate themselves accordingly during the payment process, and must confirm the payment instruction to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the Customer’s bank account is debited. Further information on the SOFORT payment method can be found online at https://www.klarna.com/sofort/.

4.4 BIf a payment method offered via the “Shopify Payments” payment service is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, hereinafter “Stripe”. The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and the Customer may be informed of these separately. Further information about Shopify Payments is available online at https://www.shopify.com/legal/terms-payments-de.

4.5 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, unless otherwise agreed, the purchase price must be paid within 14 fourteen days of receipt of the invoice without deduction. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

4.6 If the payment method SEPA direct debit is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before expiry of the pre-notification period for payment. The direct debit will be collected when the ordered goods leave the Seller’s warehouse, but not before expiry of the pre-notification period. Pre-notification means any notification, such as an invoice, policy, or contract, from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds or due to incorrect bank details, or if the Customer objects to the debit although they are not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the chargeback, provided that the Customer is responsible for this.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction. By way of derogation, if the PayPal payment method is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the cost of delivery to the Customer if the Customer effectively exercises their right of withdrawal. For return costs, the provisions in the Seller’s cancellation policy apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the Customer when the goods are handed over to the Customer or to a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer, even in the case of consumers, as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the Customer commissioned the forwarding agent, carrier, or other person or institution to carry out the shipment and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Collection by the Customer is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance delivery, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects / Warranty

7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur:

  • the Seller has the choice of the type of supplementary performance;
  • for new goods, the limitation period for defects is one year from delivery of the goods;
  • for used goods, rights and claims due to defects are excluded;
  • the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.3 The above limitations of liability and shortened limitation periods do not apply:

  • to claims by the Customer for damages and reimbursement of expenses;
  • in the event that the Seller fraudulently concealed the defect;
  • to goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
  • to any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the Customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer, hereinafter “promotional vouchers”, can only be redeemed in the Seller’s online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

8.7 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

8.8 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the holder’s lack of authorization, legal incapacity, or lack of authority to represent.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the Seller’s online shop, hereinafter “gift vouchers”, can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.

9.4 Only one gift voucher can be redeemed per order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

9.7 The balance of a gift voucher will neither be paid out in cash nor bear interest.

9.8 The gift voucher is intended only for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the above cases, the Seller is always entitled to bring proceedings before the court at the Customer’s registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution at the following link:

https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.